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Testimonial terms and conditions

Testimonial terms and conditions

The Customer, by submitting this permission, hereby grants to the Royal Pharmaceutical Society of Great Britain, a company incorporated in England under Royal Charter (number RC00799) and having its place of business at 66-68 East Smithfield, London, E1W 1AW (“RPS”), the following rights in respect of the Testimonial:  

1. A non-transferable, exclusive, royalty-free, perpetual, irrevocable, sub-licensable worldwide licence in the entire copyright and all other rights in the nature of copyright subsisting in the Testimonial together with all related rights and powers arising or accrued, for the purposes of copyright, distribution and making available to the public the Testimonial in digital and print marketing and promotional material and literature for RPS and RPS products and services. 

2. A non-transferable, exclusive, royalty-free, perpetual, worldwide licence to use the Customer Mark alongside the Testimonial for the purposes specified in Clause 1.  

The Customer, by submitting this permission, hereby accepts the terms and conditions in Schedule 1 and confirms:  

a) The Customer is not aware of anything that would prevent RPS exploiting the rights granted in this permission;  

b) The Customer confirms that the Testimonial has been produced by an employee of the Customer and authorised as a Testimonial on behalf of the Customer.  

c) The Customer is aware that RPS may edit the Testimonial and alter spelling, grammar and punctuation. RPS will contact the Customer if RPS make any changes which alter the tone or content of the Testimonial prior to publication.  

d) The Customer grants consent to RPS to use any personal data (as defined in the applicable data protection legislation) in the Customer’s Mark for the purposes outlined in this permission and understands that the use of all Customer personal data will be processed in accordance with the Privacy Policy accessible at https://www.ppenv.co.uk/privacy-policy/ 

Schedule 1: Testimonial Terms and Conditions  

PLEASE READ THESE CAREFULLY BEFORE SUBMITTING THE TESTIMONIAL PERMISSION  

1. The Testimonial must comply with all content standards specified by RPS and must not infringe any intellectual property rights, defame any individual or break any applicable laws.

2. RPS is under no obligation to exploit the rights granted in the Testimonial Permission and decisions about use of the Testimonial under this Permission are at RPS’s sole discretion.  

3. The Customer is responsible for ensuring that it has all rights to grant the licences in respect of the Testimonial and the Customer Mark.  

4. It is the Customer’s responsibility to advise RPS of any changes to the Customer’s Mark and to grant a licence in the same terms to any future variations of the Customer’s Mark.  

5. If the Customer withdraws the licence to the Customer’s Mark, the Customer agrees that RPS may continue to use the Testimonial without attribution and shall procure the appropriate written absolute waivers from all authors of the Testimonial in relation to all their moral rights arising under the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights such authors may have in any territory of the world.

6. RPS have the right to disclose the Customers identity to any third party who is claiming that the Testimonial constitutes a violation of their intellectual property rights, or of their right to privacy.  

7. All use of personal data will be in accordance with the RPS Privacy Policy set out at https://www.ppenv.co.uk/privacy-policy/.

8. The Customer may link to the RPS or MedicinesComplete or PharmaceuticalPress.com home page and to the Testimonial, provided this is done in a way which is fair and legal and does not damage RPS’s reputation or take advantage of it. The Customer may not use the Testimonial in such a way as to suggest any form of association, approval or endorsement on our part where none exists. ROYAL PHARMACEUTICAL SOCIETY and our crest are European Community trademarks belonging to the Royal Pharmaceutical Society of Great Britain. You are not permitted to use these without our written approval which is not granted under this Permission.  

9. So far as permitted by law, and except where it would be unlawful to do so, RPS excludes liability to the Customer for all implied conditions, warranties, representations or other terms that may apply to this Permission and for liability for loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:  

  •  use of, or inability to use, our site; or  
  • use of or reliance on any content displayed on our site. In particular, RPS will not be liable for:  
  •  loss of profits, sales, business, or revenue;  
  • business interruption;  
  • loss of anticipated savings;  
  •  loss of business opportunity, goodwill or reputation; or  
  • any indirect or consequential loss or damage. 

10.  The Testimonial Permission and these Terms and Conditions are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if the Customer is a consumer and a resident of Northern Ireland the Customer may also bring proceedings in Northern Ireland, and if the Customer is consumer and resident of Scotland, the Customer may also bring proceedings in Scotland.  

11. Except as otherwise stated in this Agreement, the rights and remedies of each party under this Permission are in addition to any other rights or remedies under this Permission or the general law, and may be waived only in writing and specifically. Delay in exercising or non-exercise of any right or a partial exercise of any right under this Agreement is not a waiver of that or any other right under this Permission. Waiver of a breach of any term of this Permission shall not operate as a waiver of breach of any other term or any subsequent breach of that term. The failure by either party to exercise or enforce any rights under this Permission shall not be deemed to be a waiver of any such rights, nor shall any single or partial exercise of any right, power or privilege, or further exercise thereof, operate so as to bar the exercise or enforcement thereof at any later time.  

12. This Permission constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Permission, and supersedes and extinguishes any prior drafts, agreements, undertakings, understandings, promises or conditions, whether oral or written, express or implied between the parties relating to such subject matter.  

Environment: dev